NSA must protect our citizens, not trample upon their rights

Every day, it seems, brings new revelations of how the National Security Agency spies on U.S. citizens, frequently with neither justification nor court approval.

Recently we learned that the secret Foreign Intelligence Surveillance Court had declared in 2011 that much of NSA information-gathering was unconstitutional. Specifically cited was the gathering of digital messages between U.S. citizens from fiber-optic networks.

This was the third time in three years, according to Judge John D. Bates, that the NSA had misrepresented to the court the extent of its activities. In the most recent incident, the judge wrote, "the quantity of ? protected communications being acquired ? is ? very large, and the resulting intrusion is ?very substantial."

The fact that it took two years for this information to come out is illustrative of the web of secrecy that surrounded NSA activities. In fact, we probably would still be in the dark about the program had not former NSA computer specialist Edgar Snowden leaked secret documents earlier this year.

The average person can be forgiven for being confused by the nature of the surveillance, in light of its many aspects. To put it most simply, any electronic communication you make, by phone or computer, may wind up in the NSA files.

The East German secret police used to engage in that level of spying, collecting data on just about every action of its citizens. In those pre-computer days, however, there was no efficient way to wade through that data, which was on paper.

Now, however, there is. NSA has a massive, interconnected computer system. Yet another data center is set to be opened this fall in Utah. As of 2008, Jonathan Stray wrote for propublica.com, data was being processed at 150 sites around the world.

What is collected? Stray gives an outline. Included are most telephone calls made in the U.S., e-mails and Facebook posts and instant messages from an unknown number of people, and massive amounts of raw Internet traffic if one end of the communication is outside the U.S.

While the telephone monitoring does not include content of calls in most cases, the call can be recorded if a person has been targeted and the call is international. Even without knowing the content, NSA can make conclusions about your life and construct networks of people who communicate frequently, without a valid reason.

Despite the massive computing capacity at its command, it is not always possible to separate domestic and international communications. The intelligence court allows a limited amount of domestic material to slip through.

The U.S. has a tried and true method of protecting its citizens from government snooping. It's called the Fourth Amendment, and it requires the snoopers to tell a court what information they are seeking and to obtain a warrant.

Does the NSA do this? Apparently it does in most cases, but the precise extent is hard to tell, Stray says, due to the secrecy involved.

If an intercept is "reasonably believed to contain evidence of a crime," NSA can turn it over to law-enforcement agencies. Given the size of electronic networks, someone with no connection to the target aside from visiting the same website could have personal information in the hands of law-enforcement.

Also, NSA is allowed to provide information to the FBI if the FBI specifically asks for it.

The NSA must be able to protect the nation from terrorism. But it must do so without trampling on the rights of U.S. citizens. Congressional committees need to examine the program closely and make whatever changes are necessary to bring data-gathering in line with the Constitution.

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NSA must protect our citizens, not trample upon their rights

Every day, it seems, brings new revelations of how the National Security Agency spies on U.S. citizens, frequently with neither justification nor court approval.